Boaz v. Swinney

Citations

• 79 Kan. 332
• 99 P. 621
• 1909 Kan. LEXIS 186

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Descents and Distributions—Adopted Child. An adopted child has no right of inheritance from its adoptive parents other than those given by the law under which it is adopted.</p> <p>2. -Limitation of .Adopted Child’s Bight of Inheritance. Where the law under which a child is adopted limits its right of inheritance to the estate of the adoptive parents, such child can not, after the death of its adoptive father, inherit, from the deceased brother of such adoptive father or his other collateral kindred.</p> <p>3. - Same. The law of the state of Illinois providing for • the adoption of minors which took effect April 22, 1867, in defining the rights of minors so adopted, reads: “And thenceforward the relation between such person and the adopted child shall be, as to their legal rights and liabilities, the sarhe as if the relation of parent and child existed between them, except that the adopted father or mother shall never inherit from the child; but to all other persons the adopted child shall stand related as if no such .act of adoption had been taken.” (Laws of Illinois, 1867, p. 134.) Held, that the right of in~ heritance given to an adopted child under this law is limited to its adoptive parents, and it can not take from the estate of their collateral kindred.</p>